>>megyn: lots of reaction on twitter to kelly's court. if you check us out you will see what famous author is now reading my husband's smash book. go! can you imagine crying baby outside of your office all day long? >>shepard: no. i would bun the building down. >>megyn: the residents have had enough. >>shepard: i am off tomorrow, have fun. >>megyn: watch from home. >>shepard: cops in oregon, what night releasing the

identity of the man who went on the deadly shooting spree at a crowded mall. we are live with a witness who saw the attack carried out. >> north korea has defied the world and shot off a rocket, a long-range rocket. they actually succeeded. we have the details ahead. >> cops in new york city say they have found the get away car linked to the execution-style murder of a man in broad daylight. >> all the details ahead unless breaking news changes everything. on "studio b." first from fox at 3:00 in new york city, a man announced in a crowded food court, i am the shooter. and he proved it. that is from witnesses to last night's mall shooting spree. we get our first look at the gunman, 22-year-old jacob roberts. he stormed through a mall outside portland, picking the victims at random. he had camouflage clothing with

a mask on and armed with a semi-automatic rifle like this. he had a vest loaded with ammunition. he was out to kill "as many people as possible." sometime during the spree the gun jammed and in the chaos all played out on police scanners. >> we have an active shooter. >> man has a rifle and is shooting people. >> there are people bailing out like crazy. >>shepard: the cell phone video shows shoppers making their way to safety, hands in the air passing officers with guns drawn. the police say there were up to 10,000 people scrambling for safety even the mall santa ran for cover. many barricaded themselves in back rooms and stores. i jumped on the background and crawling to the door and heard a guy yell "get on the ground." i got up. i started running.

>> were was tripping over each other. i bumped into several people. everyone was running. >>shepard: cops say he killed two and seriously wound add teen girl before the gun jammed. cops say the gunman shot and killed himself. our reporter is outside portland. what else do we know about the shooter? >>reporter: the 22-year-old had no criminal history. the only contact he had with police is as a crime victim. he bounced around several schools finally graduating school in 2008. the police searched his portland home but are not saying what they took from the home or anything about a possible motive. cops say the semi-automatic rifle he used was stolen conferred hours before the attack from someone he knew. he was also wearing a special load bearing vest allowing him to carry several fully loaded magazine clips. it because not bullet proof as reported.

police say it was not terrorism. >> there were no indications this was going to happen. every indication we have to this point was that he acted alone. >>reporter: police are trying to determine how many shots were fired. witness accounts range from tenth to 60. >>shepard: police are saying there were several reasons he could not kill more people? >>reporter: perhaps the best one, the biggest one is because as you mention in the lead in the gun jammed, stopping the attack and he got the gun to work again and continued shooting but another big thing is the mall and the local police practiced a response to a scenario like this the last year and a very quick response from local police with the first officers on screen in one minute and 10,000 people working together, reacting perfectly, the police say. those who could ran away from

the gunfire. those who could not went into stores hiding in place. two people were murdered, a 45-year-old, the us and father of two who owned a marketing business in the mall and a 54-year-old. the mall owner was grateful for how everyone reacted. >> it is difficult to see how anything good can come out of a tragedy like this. it reminded us how precious we are to one another. >>reporter: the mall is closed for the day and it could re-open tomorrow. >>shepard: thank you, dan. we expected to have with us a guest who went to high school with this man and said they were planning to go shooting a couple of days ago but he found the new guns he bought he had resold and the friend didn't have any idea why and could not believe this happened. the friend was scheduled to be with us by phone and we talked earlier b he cannot join us at

the moment. instead we are bringing in a witness to the shooting who heard the gunman say "i am the shooter." where were you when it went down? >>guest: i was upstairs where he entered macy's working, putting back the clothes and ready to make my break. i turned around and the salvation army guy i met said there is a gunman coming and i turned around and there you know it, there he was. >>shepard: describe how he looked. >>guest: about average height, average male height, probably, like, you know, skinny, slender man, slender male with dark brown hair with a mask. looked like he had on a vest but i heard it was just some time of a black investor clothing. >>shepard: and a hockey mask? >>guest: yes, a hockey mask

like jay son, in the jason movies. >>shepard: you heard him talk. >>guest: as he ran down the hallway, it got real quiet because i was in shock with everything that was going on and i heard, i am the shooter, and after that from what i heard, five, six shots and i ran out and start the telling people, time to go, there is a shooter, we got to go. >>shepard: was he aiming or just spraying the halls? what was your sense? >>guest: when he came in through macy's he was on a mad dash to get into the open mall to start as i said, a massacre, like a mall massacre. >>shepard: so he is running and at some point did he stop? was he shooting while he was running? what is the deal? >>guest: by that time i was out of the building and after the five or six shots rang out i started to let people know, get cross the street to be safe

until we know what going on. >>shepard: cops are saying there could have been up to 10,000 people in there so it must have been a mad scene. >>guest: it was ridiculous. people pouring out of every door. a co-worker did not get out for an hour after. it was hectic. >>shepard: thank you, austin, who saw it all yesterday afternoon. glad you are okay. north korea in the middle of all of this happening last night, we looked down at the wires and north korea has fired off another one of their rockets, launching the second long-range rocket of the year and the government is calling it a success. we have state tv video that shows the launch from snowed the satellite command center. north korea reported it sent a weather satellite in orbit but

nations are warning they could be using this could practice a ballistic missile with the potential to hit the united states and this could present a step forward for the rogue nation after the lit off in april failed. state run television released this video claiming the residents celebrated the launch by cheering and hugging in the secret in a nation where millions of the citizens are actually starving. according to south korean estimates, north korea spent $1 billion on the rocket program in 2012 alone enough money to feed the entire nation to more than a year. jennifer griffin is at the pentagon. what do we know? >>reporter: according to the north american airspace defense command the first stage of the stage three rocket fell into the yellow sea southwest of north korea. the second stage traveled

further before falling into the philippine sea. the rocket ultimately launched some sort of object in orbit and the north koreans say it was a satellite and norad claimed it was successful but added at in time was the missile or debris a threat to north america. not yet. >>shepard: did the north koreans get help? >>reporter: the north korean could not do this on their own without some help. the only port they have, they have one port, which is sanctioned in terms of the sea travel in and out of the port and any part for the missiles would have come through china which is north korea's only friend and, then, the voice of america reported this week that an iranian team had been seen in north korea in recent days and there is some presumption that, in fact, iranians may have helped them. this is the first successful

long-range rocket this year. earlier in april it was not successful. certainly, all eyes are on iran in weres of the role it my have played. >>shepard: thank you. we have used a carrot and stick approach with north korea over the years. it doesn't really seem to have made were of a difference. we will look at the diplomatic efforts with the former away bill richardson who has lots of experience dealing with north korea. and 100 countries throwing their support behind the syrian rebels . so, this board gives me rates for progressive direct and other car insurance companies? yes. but you're progressive, and they're them. yes. but they're here. yes. are you...? there? yes. no. are you them? i'm me. but those rates are for... them. so them are here. yes!

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bash. the interview last night, the whole interview, will air friday on 20/20 and the president joined 100 countries and organizations in putting the main opposition group on the path to becoming the only government in syria and if and when the rebels take out assad. >> we made a decision that the syrian opposition coalition is now inclusive enough, is reflective and representative enough of the syrian population that we consider them the legitimate representative to the syrian people in opposition to the assad regime so we will provide them recognition and obviously with that recognition comes responsibility on the part of that coalition. >>shepard: the civil war has killed more than 40,000 people in the last 20 months and it is still going on. syrian state television say a huge explosion hit the capital of damascus and the military is

now firing scud mills at the rebels. jonathan hunt is at the united nations. this firing of scud missiles is new. >>jonathan: it is. u.s. defense officials believe that some half dozen or so of the scud missiles have been fired at targets north of damascus by the syrian security forces aiming at the rebels in the last few days. they do not have any reports any casualties. you will wreck that scud missiles were widely launched by saddam hussein during the 1991 gulf war. they were largely inaccurate then and it appear they have been inaccurate now. it is an odd choice, this soviet missile as a tactical weapon by the syrians but according to white house officials, it could be one more sign of president bashar al-assad's desperation. >> if true, this would be latest desperate act from a regime that

has shown utter disregard for innocent life. utter disregard for the lives of its own citizens. again, the idea that the syrian regime would launch missiles in its borders at its own people is stunning, deputy prosecute, and a completely disproportionate military escalation. >> one of the fears is that scud missiles are capable of carrying warheads containing chemical weapons but we are told at the moment there is no indication whatever the much feared chemical weapons have been deployed by the syrian regime. >>shepard: so the united states and 100 other countries are recognizing the opposition group, what significance does that have in a real world? >>jonathan: it is not insignificant in that it makes clear that the international community is going to work with particular members of the opposition in the umbrella group that is fighting president bashar al-assad but it makes

little difference on the ground among the rebels just as it makes little difference that just a few days ago the united states designated one of those groups as a terrorist organization. one syrian opposition activity would many who watched syria closely follow on twitter actually treated out in the wake of that after the united states designated this group a terrorist organization, 700 members of the group died laughing. dark humor but it signifies how little influence the united states has among the opposition on the ground and how difficult it will be to influence them in the inevitable post assad era. >>shepard: thank you, jonathan hunt. deputy director for the center of the strategic middle east studies and just returned from the middle east. this a mess. >>guest: it sure is.

it will not get any easier as we go on. the rebels are making significant gains especially in the northern part of the country. the regime is on the defensive. they are fighting in damascus and the suburbs and we are hearing of the scud missiles and it seems this is taking a new turn but we are not sure where it is going. >>shepard: you wonder how much influence, how much a part the outside world can play. nothing has been effective. >>guest: the regime is dug in. they have a lot at stake and they will use everything they have to fight for their survival. it is hard to have influence on the ground with so many different rebel groups fighting against the regime with different rebel groups with different backers with different agendas and extremist element here linked with al qaeda and it is very difficult to actually understand what is going on, on the ground. what the administration is doing

now is trying to play a much longer game. they are trying to strengthen the coalition group that was just recognized as the representative of the syrian people and trying to pave the way for post assad. >>shepard: the relationship between egypt and israel is so crucial it would be unbelievable to think the iraniansen not trying to get involved to exert pressure on whatever government comes along. >>guest: the iranians are supporting the regime and will be involved in post assad syria, as well. this is, there are a lot of different tools the iranians have, support for militant groups, funding for militant groups with their own networks on the ground. even after the assad regime falls at some point, the iranians will have influence in syria. >>shepard: they are brokering the peace with the israelis. >>guest: well, i wouldn't say

that. hamas and israel reaped a cease-fire and the egyptians of playing a role there. i would say the iranian role is marginal in keeping the peace on the egyptian and israeli border. >>shepard: so far, nothing has convinced washington politicians to settle their differences and avoid the fiscal cliff. they could be, working all this out behind-the-scenes and will tell us later. they could be. maybe the threat of working through the holidays will get them on the move? that is coming up. and a possibly breakthrough in the high profile murder case that cops call a "hit" job. police now have the get away car. but what about the driver? nounc] you like who you are... and you learned something along the way. this is the age of knowing what you're made of. so, why let erectile dysfunction get in your way? talk to your doctor about viagra.

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>>shepard: breaking news in the long and weird story of john mcafee who is coming to the united states according to the headline. he is living over in belize. his neighbor starts complaining about his dogs. and someone poisoned his dogs and someone kills the neighbor. as you might imagine the authority would like to talk to mr. mcafee but he went on the run and went to guatemala and blogging. everyone says he is a pathological liar. he has been making all kinds of statements and says the belize government wants him dead. he will never go back there. guatamala said you do not have to and he is coming to the united states. miami, hello? he is on his way. he said wednesday, today, there he is, i'm free. i'm going to america. vamos miami. mcafee. wow. time for the daily fiscal cliff

update as much as i am bored to tears with this story. bored. bored horrible. they will get something done. or they're not. tenth days from potential economic crisis leading republicans warn lawmakers no one is leaving washington, dc, for the holidays, until a deal is done. that would probably include wendell. who is the grinch? >>reporter: house majority cantor who is predicting lawmakers may stay until christmas and come back between christmas and new years. doesn't seem to have been much progress since the first post election face-to-face talks between the president and speaker boehner on sunday but aides say the president is eager for a compromise but at the same time they defended his public prediction that speaker boehner will give up trying to extend the public administration's upper income tax cuts. >> the president predicted the speaker boehner would not want to hold a position and that

republicans in general would not want to maintain a position that would result in everyone's taxes going up because of their insistence that the wealthiest get a tax cut. that doesn't seem like a very popular position to take. >>reporter: politically it should be simple sell. congress can vote to extend the middle-class tax cuts and go home. upper income tax cuts expire. >>shepard: no movement on negotiations? >>reporter: the president and speaker boehner spoke on the telephone phone and speaker boehner would not call it "tense" but said it was straight failure frank discussion of how far apart they are. >> the president is calling if $1.4 trillion in revenue. that cannot pass the house of representatives or the senate. if you look at our budget we have in new revenue in our budget. the president's budget, he had

$1.6 trillion worth of new revenue in the budget. >>reporter: the republicans have offered $800 billion in revenue half of what the president wanted but they want to raise it by phasing our tax deductions and closing out loopholes which white house officials say cannot raise enough without hurting the middle class. >>shepard: thank you, wendell. north korea's daring rocket lunch prompted quick reaction from the united states and a lot of allies and they promised an "appropriate response." what would that be? what options does the united states have in dealing with the most rogue nation on the planet? going rogue, live from the state department. >> we could have a political showdown in egypt as they vote on a new constitution during protests in egypt against the president.

>>shepard: this is "studio b" at the bottom the hour. it is time for the top of the news. north korea's long-range launch is highly provocative and threatens the peace of the nation. western nations including the united states have accused them of using this to test ballistic missiles that could hit the united states. now the state department has vowed to take appropriate action. >> it is highly regrettable that

north korea decided to take this course in violation of the international obligations. it will only serve to further isolate the north korean regime. it will not do anything to help the poor suffering north korean people. >>shepard: the united states struck a deal to provide food to north korea's citizens but the agreement fell apart when they went ahead with the first rocket launch in the year back in april. and now, live from the state department. it is like dealing with children. >>reporter: like ground hog day, both the white house and the state department say north korea will find it self more isolated after the launch but officials could or would not say how. the u.n. security council met behind closed doors today. diplomats condemned the move and say they will continue to meet to formulate a "appropriate response." that could range from a toughly worked but ultimately meaning less resolution to the tightening of sanctions of the

most heavily sanctioned state. the cooperation of the allies on the security council, china and russia, is far from assured. >> members of the council must now work in a concerted fashion to send a message that the violations of u.n. security council resolutions have consequences. in the days ahead, the united states will work with partners on the security council as well as our partners in the six-party talks and other countries in the international community, to pursue appropriate action. >> the state department said today that if kim jong-un wants to send his time and money in shooting off missiles rather than feeding his people that is his decision. analysts expect him to act swiftly to conduct a new nuclear test to capitalize on the boost the successful test of the rocket. the white house is looking to beijing for help, as usual. >> the chinese made clear their

opposition and regret that it took place after it happened. we will continue to work with our international partners to ensure that the north korean regime is first i lated, that it is further punished for the violations of international obligations. >> the not koreans called on western nations to use reason and remain cool so that the situation doesn't "get to an undesirable direction." >> that is kind of them. now, someone who knows something, former u.s. ambassador to the united nations former governor of new mexico, bill richardson, and he traveled to north korea a few years ago. nice to see you, governor. this is bordering on absurd. what is kim jong-un caring what we do now? it is not like he is running out of food. he clearly does not care about his people. >>guest: well, he did this

partly for domestic reasons. the last missile test failed. he has been in office a year. he wants to show the people that he is firmly in control, that the country has military space power, and they are having serious economic problems. part of the test was for domestic reason but he is saying to the world, you have to feel with me, i have nuclear weapons. i have icbm missile tests. i thought that maybe, because he was educated in switzerland, because he speaks english, new leader, seemed comfortable with his people, that he might go in a new direction. he will be following his father and the bellicose attitude they have had. it looks like it, anyway, but the question is, what do we do about it? that is the key.

>>shepard: we have 40,000 dead people in syria and we can't do anything about that. why do we thing we can do anything about north korea. we can't. >>guest: we have tried sanctions. we have tried dialogue. we have tried a number of policies. what we need is, number one, we cannot always say that it is up to china. china has leverage over them. they don't dictate. what we need is a new approach. in the new six-party talk countries, involving russia, china, south korea, the united states, japan, and i don't know exactly what that is. but it is a combination of toughening the policy with some kind of rewards if there is movement, a positive movement. we have never really tested this guy. we know very little about him. so, i'm not saying the answer is to isolate him completely.

that doesn't seem to be working. some kind of engagement, i don't know exactly what. i'm not in the government. i'm a private citizen but i think our approach to north korea ranging from engagement, to sanctions, has not worked. so what we need to do is find a way to deal with him that tests this new guy. we should not just say forget about him and isolate him because he has had nuclear weapons and we have had 60,000 troops there and he has missiles. his people are starving. at the least we need to find ways in a humanitarian way, help those people. >>shepard: a lost challenges there.

thank you. we are just a few days away from a vote on egypt's controversial new constitution. today, the main alliance that opposes president morsi urged people to vote "no." opponents are wary of the regime after president morsi's sweeping power grab. he has backed down from dictatorship. egypt's army has called for a national unity meeting set for today bringing members of different political groups and partyies to discuss what did do. a spokesman says the officials postponed the gathering because they did not get enough response although president morsi was expected to show in. egypt is a disaster, too, in other words. greg? >> it is pretty calm on the streets of cairo after a noisy night and day of protest against president morsi and his planned referendum on the draft constitution. all that happened yesterday.

the voting will start on saturday, and has only begun around the world but because of a shortage of judges to be monitors, a main judicial group called this an insult, the constitution, and it will be extended another day, to saturday, december 22. the news today, the opposition which branded the constitution as noninclusive, will participate and that is significant. they threatened to boycott the thing and they still could. they will be up against this muslim brotherhood, a political party, has a good ground game and excellent grass roots network and calling for rallies outside of mosques on friday across the nation. they play hardball, and we are actually told the reason this unity meeting wasn't held today is because president morsi didn't want to show up. >>shepard: cops in new york city found the get away car in the execution-style murder in

broad daylight day before yesterday. police say they found a silver lincoln parked in queens and they have taken it to a police felt. it was monday a gunman shot another guy, dead, before he calmly got in the car and just blended into track. surveillance video shows the shooter on the left and the victim on the right and the gunman about to pull the trigger right in the middle of the city in the heart of the city near carnegie hall 7th avenue in the 50's and the victim was from los angeles and was arrested before but nothing major. sources tell the "new york post," where our parent company owns the victim worked at a bank and had some sort of ties to the music industry and wanted to be a roper. he is done today. getting new information in from the portland mall shooting. we will show you the killer's face book page. and what he wrote about himself.

>>shepard: brand new on fox, details on the portland mall shooter in his words. here is his picture. and many friends say this his facebook page, cops say he opened fire in the crowded mall near portland with a semi-automatic rifle, killing to people, seriously wounded a teen girl on top of that and killed himself. here is facebook page indicating he was in a relationship and he worked at "the most bad ass gyro shop." the most interesting details where he wrote, if you were to ask someone that knows me, they would probably say i am a pretty funny person that takes sarcasm to the max that will do what i

want. there is in reason for another person to tell you what to do. i'm the conductor of my choo-choo train. i may be young but i have led a crazy life. my friends are my family and that will not change. i have done a lot for myself in the past year, some good, some bad, but i still press on. i like to think of myself as a bit of an adrenalin junkie. i'm a junkie. lol. the words from a man cops say set out to cool as many people as possible. the gun jammed and according to the cops he shot and killed himself. and now to our judge. this is sad. >>judge napolitano: i don't know if having seen this ahead of time anyone could conclude who is about do kill someone. these are rantings of a youth. >>judge napolitano: it is sloppy and weird but different

ways to interpret it. this is a tragedy for which there can be no justice. he is dead. in question he did it. in question he was in another world. no question innocent people died. >>shepard: there is a lot of this goes on and we are not starting gun talk because that does not help but i don't know what you do. >>judge napolitano: we don't know enough about this guy or would might have been aware of his mental deficiencies. he stole the gun. the gun laws...whatever. >>shepard: not talking about that here. en knows he is crazy. >>judge napolitano: not an issue to be addressed here. is there a way that law enforcement, or even his employers, could anticipate this explosion he would have? the answer is, no. in a free society, these things happen in a free society. the government does not monitor our brains and occasionally

people snap. >>shepard: why does it happen so much more in our country? >>judge napolitano: because we have more of an attitude of personal freedom and people do not thing of the consequences of their behavior. not far from where i live there was a contract killing on a public street. obviously the killer thought he could get away and maybe he will or maybe he won't but people don't think of the consequences of their behavior. if they want to kill someone they will find a way to do it. >>shepard: the thought of all the little kids at the santa place, santa was in the mall. and this crazy guy coming to there... >>judge napolitano: this does not appear to be organized or foreign directed, or does not appear to be an act of terrorism or appear to be done to effect change in the government's policy. this just appears to have been a lone, lonely crazy person who was ill who got his hands on a

means to kill people. >>shepard: our producer talked to a friend a couple of days before they were going shooting at the gun range. he sole the guns and the trend was like, why did he sell the guns and he showed up at the mall and killed people. >>judge napolitano: you wonder if he plans and changed his mind and decided to do it again. look, if he had lived and he planned it you are talking about first-degree murder and the death penalty if convicted. the on again off again shows deliberation. that also shows a guilty and a sane mind. an insane person does not deliberate. a sane person deliberates. >>shepard: this is where he belongs, sadly. thank you, judge. >> new studies shows stall construction projects are on the rise in america's large of the city. according to a new report from builders there are hundreds of

vacant lots and half finished projects around new york city despite all of them having the necessary permits for construction. now the news from brooklyn. that is this about? >>guest: well, there are e monuments in a bad economy. a finish which is one of several hundrednd at the city like that where the construction just stops. the workers are one day and suddenly they never show up again and they are e and quiet for years. this is a legacy of the 2008 financial crisis having to do with long-term institutional borrowing and lending and that is a problem. look at the numbers: 691 inactive sites up 17 percent in new york city since february. 45 percent dormant since 1999. it is run out of money or a combination of running out or fought having enough sales or

the market for rentals does not appear to be strong enough to justify completion. >>guest: the american institute of architects are putting together developers with investors to bypass the banks but it is not a new problem. 1976 there was a big recession, manhattan, vacant lots and i shot this footage, 35 years ago the bust should be followed by a boom, and he was right and they are just waiting for the boom to happen again. >>shepard: thank you, good stuff. >> number of geeks? aindustrial gist lovers and doomsdayers are all exciteed over the 12th. today is 12/12/12.

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>>shepard: if you have not looked at anything capable of displaying the date, today is 12/12/12 you will not see a date like that again until you live to be 100. some say today is doomsday, and another say you are lucky. >> if you strictly interpret the the the mayan calendar, today is a good day to get married, 7,500 in this country will tie the knot and expert say that is a ton for a wednesday. las vegas, florida, california, they are lining up, and, in los angeles county, the clerk is allowing couples to get their marriage license online. look, it is about the day and

the date to remember. >> we have been engaged for a year and we have been back-and-forth about dates and we saw an article and they talked about how historic it is so we said let's just do it. >>trace: china say one is the yin and number two is yang so number 12 is a balance. if you buy that. >>shepard: which i don't. i am sure the number people are having a blast. >>trace: we hopped to get on early to be on 12 days before christmas at 12:12. 12 signs of the zodiac, 12" in a foot, 12 disciples, 12 gods in greek mythologist and 12 is a master number. >> by master number it means it is a spiritual number, not like

hail mary where our father in church, but it pertains to the spirit of the time. it is good luck when numbers repeat. >>trace: in 25 minutes for the first time ever the numbers in the calendar, forward and backward, will match. hi. i'm henry winkler.

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